Introduction There have always been Inheritance Disputes and historically they were even the cause of wars. More recently in the UK, you may recall headlines over court battles involving the estate of recording artist George Michael and also Amy...
Introduction
There have always been Inheritance Disputes and historically they were even the cause of wars. More recently in the UK, you may recall headlines over court battles involving the estate of recording artist George Michael and also Amy Winehouse.
On a more general level with the significant rise in property prices over the last few decades, estate values have grown rapidly, seeing an accompanying increase in the number of Inheritance disputes. Head of Litigation Daniel Crook explores what Contentious Probate entails and why the number of Contentious Probate Claims is only likely to grow.
If you are a beneficiary under a will, a family member or someone financially dependent on the deceased and require advice, our experienced Litigation and Disputes team is on hand to assist you.
To discuss how we can help, please contact your local Kingsfords office in Ashford, Cranbrook or Hythe. Alternatively, you can Get In Touch via our website enquiry icon, or by calling us on 01233 665544.
What is Contentious Probate?
Legal disputes can come into focus upon the administration and distribution of a dead person’s estate. The terms of a will may for example be disputed, or it is said to be invalid in the way it has been drawn, is said to be fraudulent, or the deceased was subject to coercion when creating it. It may instead involve a dispute over the ownership of assets or property recorded in the will.
Who is entitled to make a claim?
In general terms a grant of probate may be challenged by a person asserting to be financially dependent on the deceased, such as a family member, or by a quoted beneficiary in an existing will, or any previous will. Finally, if you believe you were promised a bequest by the deceased, but no mention of it is made in the will, this can enable you to make a claim. Often it is likely you will be an existing, or former spouse, civil partner or co-habited with the deceased and are able to demonstrate you were financially dependent on them. Likewise, you may be a child of the deceased.
With the rise of blended families in recent decades, this has been a factor in the increasing number of Contentious Probate claims. The increased financial pressures brought on by the ongoing cost of living crisis, has only added to the number of disputes arising.
The Numbers
It is estimated that there may be as many as 10,000 inheritance claims in 2024 in England and Wales. As a rule of thumb up 85% of contested wills disputes can be settled once the parties have sought legal advice. This is an encouraging statistic, as it demonstrates that matters may often be resolved without incurring a large legal bill.
The term “Contentious Probate” covers the area of law detailing how such disputes are dealt with. Experienced Contentious Probate solicitors and specialist lawyers can seek to advise you, protect your interests and where needed seek to negotiate a settlement, or indeed represent you in court.
Who pays for a Contentious Probate claim?
If matters cannot be resolved through correspondence and matters proceed to a judicial determination at court, the general rule is that the loser will bear their own legal costs and the reasonable legal costs of the winning party. There will be exceptions to this rule – but it does reinforce the advisability of seeking legal advice, before embarking on litigation and the cost risks that may entail.
Court Claims
If matters do proceed to trial at court, cases will often be heard in the High Court (Business & Property Court). In smaller value claims, matters may still be dealt with in your local County Court.
The Judge will exercise their discretion in deciding if a will is invalid and decide upon any re-apportionment and distribution of assets. There can be no guarantees that a person making the claim will be successful. Bear in mind a Judge will often give the greatest weight to the most recent will if considered valid, (being the deceased’s last known written wishes). An unwitnessed, oral promise by the now deceased, is far harder to prove by comparison.
Should there be no surviving family members, then the estate is passed to the Crown.
Is there a deadline by which I must make my claim?
Claims under the ‘Inheritance (Provision for Family & Dependents) Act 1975’ must be started within 6 months of the Grant of Probate, or Letters of Administration being granted.
Conversely if you are a beneficiary under any will, but have not received your share under it, you may commence your claim within 12 years of the grant. This extended period is to allow for the fact that you may have moved away and proven untraceable by the Executor, or have changed your name etc.
Searches can be made at the Probate Registry to see if a Grant has been made – or indeed a ‘Standing Search’ put in place, to advise you when a Grant has been made.
Like most things in life, it doesn’t pay to delay.
Contact Us
If you believe you may be entitled to make a Contentious Probate or wish to discuss any of the issues raised our Litigation Disputes Team is on hand to support you. Please contact your local Kingsfords office in Ashford, Cranbrook or Hythe. Alternatively, you can click on the “Get in Touch” icon on the right hand side of our Website to send an enquiry and a member of our team will get back to you promptly. You can also call us directly on 01233 665544, where we will be happy to discuss your concerns without obligation.